Marvin J. Garbis
How Judge Garbis rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Garbis no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Garbis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In O’Brien, Garbis treated the timing and content of a compelled disclaimer as matters for the service provider rather than the government.
“it is for the provider — not the Government — to decide when and how to discuss abortion and birth-control methods.”
In Ag Gro Services, he barred a party from benefiting from an invasion of its opponent’s attorney-client privilege.
“a civil litigant (perhaps viewed as distinct from the government representing the public) cannot be permitted to benefit from an invasion of the attorney-client privilege”
In Performance Food Group, he rejected a heightened pleading demand in an employment-discrimination case.
“There is no heightened pleading standard in employment discrimination cases.”
Procedural preferences
In Microbix, Garbis emphasized that adequate written submissions can satisfy the opportunity to be heard.
“an opportunity to be heard does not always require a hearing.”
In Resolution Trust, he applied the pleading-stage rule that dismissal requires the absence of any provable supporting facts.
“A motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) ought not be granted unless ‘it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’”
In Daniel, he described summary-judgment review as favorable to the nonmovant but still realistic.
“The Court may look at the evidence presented in regard to a motion for summary, judgment through . the non-movant’s rose-colored glasses, but must view it realistically.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants’ Partial Motion to Dismiss is DENIED.”
“Defendants O.C. Seacrets, Inc.’s and O.C. Seacrets, LLC’s Motion to Dismiss is granted.”
“The Bankruptcy Court’s Order Granting Motion to Avoid Lien on Debtors’ Principal Residence shall be AFFIRMED.”
“Plaintiffs’ Motion for Partial Summary Judgment [Document 9] is GRANTED IN PART AND DENIED IN PART.”
“Defendants’ Motion to Dismiss [Document 11] is GRANTED IN PART AND DENIED IN PART.”
“Defendant Mary Do’s Motion to Dismiss Plaintiffs Verified Complaint is DENIED.”
“Defendants Jack D. Lebowitz and Lebowitz & Mzhen, LLC’s Motion to Dismiss the Verified Complaint is DENIED.”
“Plaintiffs Cross-Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART.”
“Plaintiff Mierobix Biosystems, Inc’s Motion for Reconsideration of Summary Judgment is DENIED.”
“Defendant’s Motion to Dismiss [Document 19] is GRANTED IN PART.”
“The July 29, 1998 Order of the Bankruptcy Court shall be, and hereby is, AFFIRMED.”
“ken’s Motion to Dismiss Count Two of Indictment is denied.”
“Defendants Sean Turner’s and Benjamin Ball’s Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue [Document 4] is DENIED IN PART.”
“Defendant Sean Turner’s and Benjamin Ball’s Supplement to Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue [Document 23], and Second Supplement to Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue [Document 34] are DENIED IN PART.”
“Defendant James L. Andrews’ Motion to Dismiss for Lack of Jurisdiction, For Failure to State a Claim and/or Improper Venue or, Alternatively, to Transfer Under Forum *682Non Conveniens [Document 28] is GRANTED IN PART.”
“Plaintiff Structural Preservation Systems, LLC’s Motion to Strike Part of Defendant James L. Andrews’ Motion to Dismiss [Document 31] is DENIED.”
“The motion seeking disqualification is granted.”
“summary judgment is GRANTED to Defendant.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 694.5 days (N = 10).
A fixed-seed sample of ten terminated historical cases included two employment civil-rights matters, two other civil-rights matters, and one each involving motor-vehicle injury, fraud, maritime injury, prisoner civil rights, federal-employer liability, and product liability. None retained a motion-entry timeline.
A historical record
Judge Garbis no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.